Legal Opinion

Beverly v. Wilson

Court of Appeals of Georgia

Decided February 16, 1917No. 7470PublishedCited by 6 opinions

Trover; from city court of Tliomasville—Judge W. H. Hammond. April 5, .1916.

1Opinion of the CourtBroyles, P. J.

1. While the mere right of possession of personal property, even if the holder has no valid title to it, gives him a right to maintain a suit in trover against a wrongdoer who has deprived him *394of that possession, yet where the plaintiff relies on his title to recover possession of the property, and his- evidence shows that a paramount outstanding title to the property is in a third person, he can not recover. Mitchell v. Georgia & Alabama Ry., 111 Ga. 760, 771 (36 S. E. 971, 51 L. R. A. 622) ; Central Bank v. Georgia Grocery Co., 120 Ga. 883, 885 (48 S. E. 325).

Decided February 16, 1917.…

2Cases cited2 opinions

  1. Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
  2. Central Bank v. Georgia Grocery Co.Supreme Court of Georgia · 1904

3Cited by6 opinions

  1. Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
  2. White v. DotsonCourt of Appeals of Georgia · 1930
  3. Traylor v. Hyatt Corp.Court of Appeals of Georgia · 1970
  4. Adams v. MorrisCourt of Appeals of Georgia · 1929
  5. Zugar v. Glen Falls Indemnity Co.Court of Appeals of Georgia · 1940

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